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UNITED STATES EX REL. SCHARTNER v. PIZZO

No. 1301.

336 F.Supp. 1192 (1972)

UNITED STATES of America ex rel. August E. SCHARTNER, Jr., Petitioner, v. Lewis PIZZO, Warden, Lackawanna County Prison, Scranton, Pennsylvania and Noah L. Alldredge, Warden, United States Penitentiary, Lewisburg, Pennsylvania, Respondents.

United States District Court, M. D. Pennsylvania.

January 10, 1972.

Attorney(s) appearing for the Case

Graham C. Showalter, Lewisburg, Pa., for petitioner.

Marion E. MacIntyre, Deputy Dist. Atty., Harrisburg, Pa., for respondents.

OPINION

MUIR, District Judge.

On February 26, 1966, two men armed with pistols entered an Acme Market in Harrisburg, Pennsylvania. They forced the manager of the store and the district supervisor for Acme Markets to open the store safe and turn over to them approximately $270.00. On October 10, 1966, a jury returned a verdict of guilty of aggravated robbery against petitioner with respect to this crime. The Superior Court of Pennsylvania affirmed the judgment...

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